`Tel: 571-272-7822
`
`Paper 35
`Entered: June 4, 2019
`
`
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`SONOS, INC.,
`Petitioner,
`
`v.
`
`IMPLICIT, LLC,
`Patent Owner.
`
`
`IPR2018-00766 (Patent 7,391,791 B2)1
`IPR2018-00767 (Patent 8,942,252 B2 )
`
`
`
`Before MICHELLE N. WORMMEESTER, SHEILA F. McSHANE, and
`NABEEL U. KHAN, Administrative Patent Judges.
`
`McSHANE, Administrative Patent Judge.
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`1 This Order addresses issues that are identical in each of these cases.
`Therefore, we exercise our discretion to issue one order to be filed in each
`case. The parties, however, are not authorized to use this style heading in
`any subsequent papers without prior authorization.
`
`
`
`IPR2018-00766 (Patent 7,391,791 B2)
`IPR2018-00767 (Patent 8,942,252 B2 )
`
`
`Patent Owner requested a modification to the date for the consolidated
`oral hearing set for June 17, 2019, because of a scheduling conflict, and
`proposed alternative dates. See Ex. 3001; Paper 32 (IPR2018-00766).
`Petitioner did not object to the proposed alternative dates. Ex. 3001. A May
`31, 2019 teleconference was convened with the parties, and oral hearing
`dates of June 17 or June 18, 2019 were discussed. Patent Owner indicated
`that it was possible for its counsel to accommodate the June 17, 2018 oral
`hearing date, as originally set. The parties were requested by the Board to
`further advise on their positions on the hearing date and locations. Petitioner
`communicated with the Board and further advised that it found it acceptable
`to reset the hearing date to June 18, 2019, but requested that the hearing be
`held in Alexandria, VA. See Ex. 3002. Patent Owner did not provide any
`additional response.
`We have considered Patent Owner’s request and Petitioner’s position,
`and further in view of the panel’s availability as well as the Board’s hearing
`room availability. In light of the circumstances, we deny Patent Owner’s
`request and the oral hearing date and time remain June 17, 2019 at 1 PM
`EST, with the hearing to be convened in the Madison Building East, 600
`Dulany Street, Alexandria, Virginia.
`
`
`ORDER
`Accordingly, Patent Owner’s request to modify the oral hearing date
`is denied.
`
`
`
`
`
`
`2
`
`
`
`IPR2018-00766 (Patent 7,391,791 B2)
`IPR2018-00767 (Patent 8,942,252 B2 )
`
`PETITIONER:
`
`Rory P. Shea
`Cole B. Richter
`George I. Lee
`Michael P. Boyea
`LEE SULLIVAN SHEA & SMITH LLP
`shea@ls3ip.com
`richter@ls3ip.com
`lee@ls3ip.com
`boyea@ls3ip.com
`
`
`PATENT OWNER:
`
`James Hopenfeld
`SINGER BEA, LLP
`jhopenfeld@singerbea.com
`
`
`Christian Hurt
`THE DAVIS FIRM, PC
`churt@bdavisfirm.com
`
`
`
`
`
`3
`
`
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